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NOTICE OF MOTION

Gajanan Vishnu ShindeVsHaridas Wagh +4 more

CNR MHCC0100068020181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th June 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100184/2018
Registration Date
15 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-01-2018
    Business: Adv. Vyas for plaintiff present.
    Adv. Archana Shelar for defendant Nos.1 to 3 present.
    Plaintiff tenders original NM No.184/18.
    Advocate for defendant seeks time to file reply.
    Adjd. to 17/02/2018 for reply to NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2018
    
    Date: 17-02-2018
    Business: Adv. Vyas for plaintiff present.
    He submits that the Advocate on record has expired and he undertakes to file vakalatnama for plaintiff.
    Exh.4Adv. Archana Shelar for defendant No.1 to 3 present and files vakalatnama for defendant No.3.
    Exh.5WS of defendant Nos.1 to 3.
    Ld. Advocate for defendant Nos.1 to 3 submits that the WS may be treated as reply to NM.
    Adjd. to 20/03/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2018
    
    Date: 20-03-2018
    Business: Adv. Shravani Dalvi for plaintiff present and files.
    vakalatnama for plaintiff (Exh.   ).
    Adv. Vishakha Pandit for defendant No.1 present.
    She files draft NM u/s 9A of CPC. It be registered.
    Copy be served to other side.
    Adjd. to 20/04/2018 for reply to NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2018
    
    Date: 20-04-2018
    Business: Adv. Sagar Dusane for plaintiff present.
    Adv. Vishakha Pandit for defendant Nos.1 to 3
    present and tenders original NM 1428/18.
    Adjd. to 25/06/2018 for NM reply/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: Adv. Shravani Dalvi for plaintiff present.
    Adv. Archana Shelar for defendant No.1 to 3 present.
    At the request of Ld. Advocate for defendants, adjd. to 21/07/201 for NM (9A CPC) reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2018
    
    Date: 21-07-2018
    Business: Adv. Aviskar Sawant for plaintiff present.
    Adv. Vishakha Pandit for defendant Nos.1 to 3
    present.
    NM No.1428/18 filed under Sec.9A of CPC stands disposed off.
    Issue of jurisdiction will be taken alongwith other issues.
    NM No.184/18 to proceed without reply.
    Adv. 24/09/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Adv. Shravani Dalvi for plaintiff present.
    Adv. Archana Shelar for defendant present.
    Ld. Counsel for plaintiff submits that plaintiff has died and files copy of death certificate.
    Exh.7Defendant files application for recalling the order 21/07/2018. Ld. Counsel for plaintiff recorded her say. Application Exh.7 stands disposed off.
    The no reply order dtd. 21/07/2018 is recalled. The WS be treated as reply to NM.
    Adjd. to 03/10/2018 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Adv. A.R. Sawant for plaintiff present.
    Adv. Archana Shelar for defendant No.1 to 3 present.
    Ld. Counsel for plaintiff submits that plaintiff has expired therefore he files draft CS. It be registered.
    Adjd. to 08/10/2018 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. Ms. Yadav for plaintiff present.
    Adv. Archana Shelar for defendant No.1 to 3 present.
    Plaintiff tenders registered CS No.1805/18.
    Perused the CS. The L.R.s. of plaintiff seek their names to be impleaded in the cause title in view of the death of the plaintiff on 25/08/2018. The CS is within limitation. L.R.s. of the plaintiff are allowed to be taken on record.
    CS No.1805/2018 stands disposed off.
    Amendment be carried out within a week.
    Adjd. to 06/12/2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Adv. Girija Yadav for plaintiff present.
    Defendant No.2 present.
    8 days time granted for amendment.
    Adjd. to 15/12/2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Adv. Girija Yadav for plaintiff present.
    Adv. Archana Shelar for defendant No.1 to 3 present.
    Adjd. to 12/02/2019 for hearing on issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: 12.02.2019
    Suit 1857/17, NM 184/18
    Adv. Sheetal Kutwal for plaintiff present.
    Adv. Vishakha Pandit for defendants present.
    In view of Elevation of the Hon\''ble P.O. as per notification no. No. K. 13014/04/2017-US.I dated 08.02.2019 it shall not be desirable to pass any order. Hence matter adjd to 15.03.2019 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Resumed.
    Matter received from C.R. No. 19.
    Adv. Shital Kutval for plaintiff and Adv. Rakhi Saudankar for defendant are present.
    Both advocates seek time to argue the NM.  Time is granted as last chance.
    Adjd for hearing on NM 184/2018 to 25.06.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Adv. Shital Kutwal  for plaintiff present.
    Adv. Pandit  for defendants present.
    Plaintiff no. 1b present.
    Plaintiffs have filed application seeking permission to  withdraw the suit.
    Plaintiff no. 1b is present.  On his verification by this court he submitted that plaintiffs wish to withdraw the suit unconditionally as they arrived at amicable settlement with the defendants.  As the matter is settled between  the parties and plaintiffs do not want to prosecute the suit, it is expedient to pass following order.
    ORDER
    1.  Suit is disposed of as withdrawn.
    2.  Parties to bear their own cost.
    3.  Court fees be refunded as per rules.
    4.  Pending Notice of Motion No. 184/2018 also stands disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 25-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100790/2018
    Filing Date: 15-01-2018
    First Hearing Date: 22nd January 2018
    Decision Date: 25th June 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Jun 2019
    Order Details: Notice of Motion
    Pdf Text: Adv. Shital Kutwal for plaintiff present.
    Adv. Pandit for defendants present.
    Plaintiff no. 1b present.
    Plaintiffs have filed application seeking permission to withdraw the suit.
    Plaintiff no. 1b is present. On his verification by this court he submitted that plaintiffs wish to
    withdraw the suit unconditionally as they arrived at amicable settlement with the defendants. As the
    matter is settled between the parties and plaintiffs do not want to prosecute the suit, it is expedient
    to pass following order.
    ORDER
    1. Suit is disposed of as withdrawn.
    2. Parties to bear their own cost.
    3. Court fees be refunded as per rules.
    4. Pending Notice of Motion No. 184/2018 also stands disposed of.
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